SUPREME COURT: DELAY DEFEATS EQUITY, HIGH COURT SHOULD DISMISS WRIT PETITION IF PETITIONER IS GUILTY OF DELAY OR LACHES | ARTICLE 226

The Supreme Court in the case Mrinmoy Maity Versus Chhanda Koley and Ors., observed the delay and laches as prominent factors while deciding petitions filed under Article 226 of the Constitution of India.

The Court in the case observed and has held that the High Court ought not to grant extraordinary relief to a petitioner who approaches the writ court belatedly or in other words sleeps over his rights for a considerable period of time.

The court reserved the findings of the High Court, wherein the court allowed the writ petition despite there being an unexplained delay in preferring the writ petition.

The bench comprising of Justice P.S. Narasimha and Justice Aravind Kumar in the case observed the factor of delay and laches which need to be borne in mind by the High Court's while exercising their extraordinary jurisdiction under Article 226 of the Constitution of India.

The judgement authored by the bench of Justice Aravind Kumar stated that this court is of the considered view that writ petitioner ought to have been non-suited or in other words writ petition ought to have been dismissed which being on the ground of delay and laches itself. Thus, the said court has held that delay defeats equity. The delay or laches is one of the factors which should be borne in mind by the High Court while exercising discretionary powers as it is stated under Article 226 of the Constitution of India.

The High Court in the said case may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action.